NATION MEDIA GROUP v COMMUNICATION CONCEPT [2006] KEHC 2571 (KLR)
- Court
- High Court of Kenya
- Case number
- 2571
- Citation
- [2006] KEHC 2571 (KLR)
- Decided
- 10 May 2006
The 1st defendant's defence is a sham and is struck out. The 2nd defendant's defence raises a triable issue and is not struck out. The 1st defendant is ordered to pay the plaintiff's costs and the plaintiff is granted judgement in favour of the plaintiff against the 1st defendant.
Facts
The plaintiff, Nation Media Group, claims unpaid fees for advertisements carried in its newspapers, 'Daily Nation' and 'East African'. The defendants, Communication Concept, issued postdated cheques for Kshs.3,500,000, which were later dishonoured.
Issues
- Whether the defendants raised any triable issues.
- Whether the defendants' defence was a sham.
Reasoning
The plaintiff provided services and raised invoices, but the defendants failed to settle the invoices. The defendants' failure to produce evidence of payments left their assertions as no more than idle statements. The 2nd defendant's defence, however, is arguable and substantive.
Outcome
Judgment in favour of the plaintiff against the 1st defendant.
Orders
- The 1st defendant is ordered to pay the plaintiff's costs.
- The 1st defendant's defence is struck out.
- The 2nd defendant's defence is not struck out.
Remedies
- Judgment in favour of the plaintiff against the 1st defendant.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- MURRI –VS- MURRI & ANOTHER [1999] 1 EA 212
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